[2000] KECA 58 (KLR)
The Court of Appeal held that the applicant had not complied with the order of Mulwa, J. dated 9th March 2000. Regardless of the applicant's view on the correctness of the order, the law requires strict compliance with court orders unless they are set aside by review or appeal. The court cited authority for the...
Source-derived case information.
- Citation
- [2000] KECA 58 (KLR)
- Parties
- Applicant: Dorothy K. Kwonyike t/a Luguyan Enterprises; Respondent: Victoria Commercial Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 79 of ??
- Procedural Posture
- Stay Application / Application for Stay of Execution and Proceedings and Injunction Pending Intended Appeal
- Outcome
- Application stood over generally; not heard due to non-compliance with prior court order.
- Judges
- RO Kwach, AM Akiwumi
- Legal Topics
- Stay of Execution, Injunctions, Compliance With Court Orders, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy K. Kwonyike t/a Luguyan Enterprises
Applicant
Victoria Commercial Bank Limited
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution and Proceedings and Injunction Pending Intended Appeal
Legal Issues
- 1 Whether the applicant can be heard on the application for stay of execution and injunction without complying with or setting aside the order of Mulwa, J.
- 2 Whether non-compliance with a court order disentitles a party from seeking discretionary relief from the court.
Ratio Decidendi
The Court of Appeal held that the applicant had not complied with the order of Mulwa, J. dated 9th March 2000. Regardless of the applicant's view on the correctness of the order, the law requires strict compliance with court orders unless they are set aside by review or appeal. The court cited authority for the proposition that a party in breach of a subsisting court order cannot be heard on an application for discretionary relief. Consequently, the court declined to hear the application for stay and injunction, removed it from the day's cause list, and ordered that it be stood over generally until the applicant complies with or sets aside the impugned order. Costs for the day were...
Court Disposition
Application stood over generally; not heard due to non-compliance with prior court order.
Orders
- The present application is taken out of today's list and stood over generally.
- Today's costs awarded to the respondent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, AKIWUMI & BOSIRE, JJ.A.)
CIVIL APPLICATION NO. NAI. 79 OF 2000 (UR.35/00)
BETWEEN
DOROTHY K. KWONYIKE T/A
LUGUYAN ENTERPRISES .....................................APPLICANT
AND
VICTORIA COMMERCIAL BANK LIMITED .......................RESPONDENT
(An application for stay of execution and proceedings and injunction pending the lodging and hearing of an Intended Appeal from the Ruling of the High Court of Kenya at Milimani Commercial Court Nairobi (Justice Kasanga Mulwa) dated 9th March, 2000 in
H.C.C.C. NO. 25 OF 2000)
*************
RULING OF THE COURT
The order of Mulwa, J. made on 9. 3.00 has not been obeyed. This is also admitted by Mr. Nyawara counsel for the Applicant who it appears does not, however, regard it as being a proper interpretation of the original order made by Gacheche, CA. But this notwithstanding, the position in law as set out clearly in The Pharmacy and Poisons Board v Sipri Pharmaceuticals Limited & the Republic Civil Application No. NAI 103 of 1998 (43/98 UR) (unreported), is that no matter whether the order of Mulwa, J. be right or wrong, it must, unless properly set aside by way of review or an appeal, be complied with. This the Applicant has not done and for that reason, we agree with Mr. Wasuna, counsel for the Respondent, that the present application cannot be heard until the order of Mulwa, J. is complied with or set aside. The present application is hereby taken out of today's list and stood over generally. Today's cost to the Respondent.
Dated and delivered at Nairobi this 12th day of April, 2000.
R. O. KWACH
..................
JUDGE OF APPEAL
A. M. AKIWUMI
..................
JUDGE OF APPEAL
S. E. O. BOSIRE
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.